HomeMy WebLinkAboutHeatherington 12-03-02 i
IN THE MATTER OF AN ARBITRATION
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Between:
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THE REGIONAL MUNICIPALITY OF HALTON (EMS)
(the"Employer")
- and-
ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 207
(the "Union")
and in the matter of a grievance of William Hetherington.
Russell Goodfellow —Sole Arbitrator f'
APPEARANCES FOR THE EMPLOYER:
Craig Rix, counsel
Carolyn Cornford Greaves, counsel
Mary Killeavy
Monica Wallenfels
Greg Sage
Lorri Peaver
Nadia Colilli
APPEARANCES FOR THE UNION:
Mitch Bevan, Grievance Officer
Mike Lawson
A hearing was held in this matter in Oakville on February 27,2012.
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AWARD
The Union grieves that William Hetherington (the "grievor') was
improperly denied sick pay for the first two days of a fourth period of absence in the
calendar year.
It is the position of the Employer that the denial was proper because the
grievor was not "confined to hospital" within the meaning of the exception set out in
paragraph 8 of Schedule A to the collective agreement. The Employer asserts that
"confined to hospital" means admitted as an in-patient and, in this case, the grievor was
not so admitted. Rather, he was treated exclusively in the Emergency Room of the
Joseph Brant Hospital as an out-patient.
I agree with the Employer that "confined to hospital" means as an "in-
patient". However, I am satisfied that, in the circumstances of this case, the grievor was,
in effect, so admitted. The grievor produced a detailed medical note from the Emergency
Room Physician confirming that he attended at the hospital due to a serious cardiac
event. The physician stated that, but for the absence of an in-patient bed, he would have
been admitted as an in-patient. In the circumstances, I am satisfied that the grievor met
the requirements of the collective agreement.
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The grievance is accordingly upheld. The grievor is entitled to be
compensated for two days pay. I will remain seized with respect to damages.
DATED at Toronto this 2nd day of March 2012.
Russell Goodfellow—Sole Arbitrator